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(영문) 광주지방법원순천지원 2016.02.02 2015가단6733
공유물분할
Text

1. The sales price shall be the remainder after 1.2 m2m2 m3,00 m3,00 m3,000,000,000.

Reasons

1. Facts of recognition;

A. Before the division, the Plaintiff and the Defendants shared at each ratio as indicated in the separate sheet of shares, and the housing of the 2nd floor of the ground mentmenter, brick, and the 2nd floor was owned solely by the Plaintiff.

B. As part of the 2013 State-Funded Local Highway J (K), in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, in accordance with the said Act, 39 square meters and above houses were acquired through consultation.

Accordingly, as the remaining land was divided into 39 square meters among the land before the subdivision, the remaining land became an 202 square meters of land at the time of leisure, and the co-ownership registration of the land before subdivision was transferred to the instant land.

C. The Plaintiff demanded the Defendants to divide the land of this case, but no agreement was reached between the Plaintiff and the Defendants on the division method until the date of closing the argument of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3 respectively, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff sharing the instant real estate and the Defendants did not reach an agreement on the method of partition. Thus, the Plaintiff, a co-owner, may file a claim for partition of the instant land against the Defendants, who are other co-owners.

B. In principle, partition of co-owned property based on a judgment on the method of partition of co-owned property shall be divided in kind as long as a reasonable partition can be made according to the share of each co-owner, or the requirement that it cannot be divided in kind is not physically strict interpretation, but physically strict interpretation. It includes cases where it is difficult or inappropriate to conduct partition in kind in light of the nature, location or size of the co-owned property, use situation

It is also a co-owner's case where the value of the division is likely to be significantly reduced if it is divided in kind.

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